Criminal Procedure Code, 1973, Section 167(2) -- Bail - Confession of - Not indefeasible right - This right on account of the default of prosecution when it did not file the challan within the statutory period of 60/90 days - This right comes to an end with the filing of challan - If the accused has got bail before the filing of the challan his bail can be cancelled only..........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing of complaint - Of offence under Section 409 - During investigation complainants filing affidavit before police that they have received money and compromised the matter - Held that the police in cognizable no, compoundable offence are duty bound to conduct the investigation according to law and file the..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 32 -- Mandatory injunction - Execution of decree - Decree passed for restoration of possession - Decree holder has a right to execute the decree - The executing Court can issue warrant of possession - Objector cannot turn round to say that the decree is not executable by issuing warrant of possession - Decree has been..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Criminal Procedure Code, 1973, Section 313 - Appeal against conviction - Link evidence - Not put to the appellants when examined under Section 313 Cr.P.C. - Cannot be considered by the Court for convicting the appellants - Since this link evidence cannot be considered,the report of the Chemical Examiner..........
Criminal Procedure Code, 1973, Section 401 -- Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i) - Conviction - Revision against - Public Analyst not declared in the report the details of the colour matters which were in the contravention of the Food Health Authority - Notification - What are the unpermitted basic coaltar dye regarding which the violation has..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of Sentence - Conviction under Section 15 of NDPS - Petitioner has already undergone more than one year's sentence - There is no likelihood that his appeal can be taken for adjudication in near future - Sentence suspended and given bail for one year...........
Criminal Procedure Code, 1973, Section 173(2) -- CBI filing final report under section 173 Cr.P.C. before Magistrate seeking closure of case - Notice not issued to informant i.e. UPSC - Held that as per law laid down in Bhagwant Singh's case, the issuance of a notice by Magistrate to the informant at the time of consideration of the final report is a must..........
Criminal Procedure Code, 1973, Section 482 -- Inherent power - Would be exercised by the High Court only when the complaint prima facie does not disclose any offence - Or when this Court is of the opinion that perverse, vexatious and oppressive attempt has been made by the State in order to prosecute the petitioners - This Court cannot embark upon any inquiry whether the..........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing complaint under the Drugs and Cosmetics Act, 1940 - The complaint discloses a triable offence against the petitioners - The questions of fact cannot be agitated in the proceedings under Section 482, Cr.P.C. - In the case in hand it is yet to be decided as to who are the actual persons responsible for the..........
Criminal Procedure Code, 1973, Section 167 - - Essential Commodities Act, Section 12A(1)(F) - Framing of charge - The petitioner sought his discharge under section 167(5) Cr.P.C. read with Section 12A of Essential Commodities Act - Application dismissed by Special Judge - Petitioner raising plea under Section 468 Cr.P.C. in the High Court for the first time - Held the..........
